Supreme Court Opinions
Patricia Love v. American Olean Tile Company and Liberty Mutual Insurance Company and Sue Ann Head, Director of the Div of Worker's Comp, Division of Worker's Compensation - State of Tennessee 02S01-9508-CV-00077 Authoring Judge: Justice Frank F. Drowota, III Trial Court Judge: Judge Whit A. Lafon In this workers’ compensation action, the employee, Patricia Love, plaintiff-appellant, has appealed from a judgment of the Circuit Court of Madison County awarding her permanent total disability benefits to age 65 or until the payment of such benefits reached the maximum total benefit. The trial court apportioned the award 67.5 percent to the Second Injury Fund and 32.5 percent to the employer, American Olean Tile Company, and its insurer, Liberty Mutual Insurance Company, defendants-appellees. The Special Workers’ Compensation Appeals Panel, upon reference for findings of fact and conclusions of law pursuant to Tenn. Code Ann. § 50-6-225(e)(5), affirmed the trial court. Thereafter, the employee filed a motion for full Court review of the Panel’s decision. We granted the motion for review to determine (1) whether it was error not to have awarded benefits payable to age 65 notwithstanding the maximum total benefit, and (2) whether the apportionment between the employer and the Second Injury Fund was correct. After examining the record before us and considering the relevant authorities, we reverse the decision of the lower courts to subject the employee’s award to the maximum total benefit. However, we affirm the apportionment of the award between the employer and the Second Injury Fund under Tenn. Code Ann. § 50-6-208(a). |
Supreme Court | 06/01/98 | |||
James J. Benson v. State of Tennessee 01S01-9704-CC-00089 Authoring Judge: Special Justice Lyle Reid Trial Court Judge: Judge Donald Harris This case presents for review the appeal by the petitioner, James J. Benson, from the judgment of the Cour tof Criminal Appeals affirming the trila court's denial of his petition for post-conviction relief. The petitioner asserts that he was denied the right to a fair trial before an impartial judge because the judge who presided over his criminal trial solicitated a bribe from him. The judment denying the petition is reversed, and the petioner is granted a new trial. |
Supreme Court | 06/01/98 | |||
Northwest Airlines, Inc., Federal Express Corp., American Airlines, Inc., Flagship Airlines, and Delta Airlines, Inc. v. Tennessee State Bd. of Equalization and CSX Transportation et al. 01S01-9702-FD-00030 Authoring Judge: Special Justice Lyle Reid Trial Court Judge: Judge Thomas A. Wiseman, Jr. This Court has accepted from the United States District Court for the Middle District of Tennessee, certified question of law regarding the effect of the 1996 amendment to Tenn. Code Ann. § |
Davidson County | Supreme Court | 06/01/98 | ||
Win Myint and wife Patti KI. Myint v. Allstate Insurance Company 01S01-9612-CH-00238 Authoring Judge: Justice Aldolpho A. Birch, Jr. Trial Court Judge: Special Chancellor Christina Norris In this cause, the insuror refused to pay a claim under a policy of insurance. The insured contends that such refusal constitutes an “unfair or deceptive act or practice,” in violation |
Davidson County | Supreme Court | 06/01/98 | ||
Win Myint and Patti Kay Myint, et. ux. v. Allstate Insurance Company 01S01-9612-CH-00238 Authoring Judge: Justice Adolpho A. Birch, Jr. Trial Court Judge: Special Chancellor Christina Norris In this cause, the insuror refused to pay a claim under a policy of insurance. The insured contends that such refusal constitutes an “unfair or deceptive act or practice,” in violation of the Consumer Protection Act, Tenn. Code Ann. §§ 47-18-101, et seq.1 In contrast, the insuror insists that Tenn. Code Ann. § 56- 7-105,2 commonly known as the “bad faith statute,” is the exclusive remedy for the bad faith denial of an insurance claim. Because Title 56, Chapters 7 and 8 of the Tennessee Code comprehensively regulates the insurance industry, the insuror insists that the acts and practices of an insurance company are never subject to the Consumer Protection Act. |
Davidson County | Supreme Court | 06/01/98 | ||
State vs. Thomas Dee Huskey 03S01-9610-CR-00096 Authoring Judge: Trial Court Judge: |
Supreme Court | 05/18/98 | |||
Seffernick vs. St. Thomas Hospital, et. al. 01S01-9706-CV-00122 Authoring Judge: Trial Court Judge: Thomas W. Brothers |
Supreme Court | 05/11/98 | |||
Earhart vs. City of Bristol 03S01-9709-CH-00116 Authoring Judge: Trial Court Judge: |
Supreme Court | 04/27/98 | |||
Earhart vs. City of Bristol 03S01-9709-CH-00116 Authoring Judge: Trial Court Judge: |
Supreme Court | 04/27/98 | |||
State vs. Cattone 03S01-9706-CR-00075 Authoring Judge: Trial Court Judge: Mayo L. Mashburn |
Supreme Court | 04/27/98 | |||
State vs. Byrd 03S01-9705-CR-00057 Authoring Judge: Trial Court Judge: Rex Henry Ogle |
Supreme Court | 04/27/98 | |||
State vs. Byrd 03S01-9705-CR-00057 Authoring Judge: Trial Court Judge: Rex Henry Ogle |
Supreme Court | 04/27/98 | |||
State vs. Lavender & Hobbs 01S01-9704-CR-00088 Authoring Judge: Trial Court Judge: |
Davidson County | Supreme Court | 04/27/98 |